European Union (Withdrawal) Act

Debate between Hilary Benn and Yvette Cooper
Monday 25th March 2019

(5 years, 8 months ago)

Commons Chamber
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Exiting the European Union: Meaningful Vote

Debate between Hilary Benn and Yvette Cooper
Tuesday 11th December 2018

(6 years ago)

Commons Chamber
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Hilary Benn Portrait Hilary Benn (Leeds Central) (Lab)
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Yesterday was undoubtedly a day of humiliation for the Government, but from today, we have a different task, which is to avoid humiliation for the nation. We will have to see what the Prime Minister brings back from her talks, but I doubt whether any piece of paper, any codicil or any exchange of letters will save the current withdrawal agreement and political declaration from defeat here. In those circumstances—the right hon. Member for Loughborough (Nicky Morgan) drew attention to this—there are broadly two choices. The first is that the Government abandon their red lines and apply to join the European economic area and a customs union. That would solve the problem with Northern Ireland, ensure the continuation of friction-free trade, give us many things that are mere aspirations in the political declaration and provide reassurance to businesses, but there would be consequences, including in relation to free movement.

The second option is to put the question back to the people. That could include the Prime Minister putting her withdrawal agreement to the people in a vote. We would need legislation for that and therefore Parliament would have to decide what the questions are. Let us be frank: that is not without difficulty or risk. What would the question or questions be? If there were more than two, what voting method would be used? How could another referendum command legitimacy? It seems clear that we would get to that point only if all other options had been tried and exhausted.

Yvette Cooper Portrait Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
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Does my right hon. Friend agree that, whichever path we end up going down, the first stage should be to rule out no deal, which would be deeply damaging to manufacturing industries, to exports and to our police and security co-operation?

Hilary Benn Portrait Hilary Benn
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I absolutely agree with my right hon. Friend, and I was just coming to that point. There are two other tasks that we now have to face. One is that we will have to apply for an extension of article 50, because if either of those two courses of action is pursued by the Government, or by the House in the absence of Government leadership, we will require more time.

Secondly, we must address, as the very first thing, the point my right hon. Friend has just raised, which is to make it clear that we will not leave the European Union without an agreement, because the Government say it would be chaotic and damaging. I do not believe that any Government would be so irresponsible as to take us out of the EU without an agreement, and I do not think Parliament would allow it to happen, so why should we carry on pretending that it might happen? The sooner we take it off the table, the better it will be, above all, for businesses that watch this mess and say, “We would just like to get on with selling things, making things and exporting things. Can you please give us some clarity and certainty about what is going to happen?”

European Union (Withdrawal) Act

Debate between Hilary Benn and Yvette Cooper
Wednesday 5th December 2018

(6 years ago)

Commons Chamber
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Yvette Cooper Portrait Yvette Cooper (Normanton, Pontefract and Castleford) (Lab)
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The Prime Minister’s deal is not really a deal at all; it is a stopgap. Parliament is being asked today to vote with a massive blindfold around our heads. We know not what our immigration arrangements will be, because the Government have not published the White Paper; we know not what our trade arrangements will be, because the political declaration is unclear; and we know not what our security co-operation will be, because the declaration is just too vague.

Last month—only last month—the Prime Minister told us that nothing was agreed until everything was agreed. In fact, most things have not been agreed at all. The Prime Minister is asking us to walk out the door, slamming it behind us, without any idea where we are heading or even where we will rest our heads tonight. I think that that is irresponsible, because it is not just that we are blindfolded about where we are heading; as the hon. Member for East Surrey (Mr Gyimah) said in a very thoughtful speech, it weakens our negotiating hand in sorting out the future and establishing where it is we will end up.

The chief executive of Haribo in my constituency said in response to the transition proposals:

“Two years is significant to our supply chain decisions so this would be very welcome, but the uncertainty would just be delayed… Everything that is an extension of the delay is only useful if it is clear what will happen at the end of the extension, so we can prepare for it.”

The problem with the political declaration is that, as paragraph 28 admits, there is a whole “spectrum” of checks and controls. Depending on which paragraph one reads, there could be rules of origin checks or alignment with the common tariff, and the hit to our national income could be as bad as 7%. Depending on which paragraph one reads, it could be nearly Norway, it could be back to Chequers, it could be off to Canada or it could be far beyond—we simply do not know.

On security, things are not much clearer. The continued access that is promised to the Prüm fingerprints database and to shared passenger name records is welcome, but the absence of any reference to the crucial Schengen Information System II European criminal database, which our Border Force and police currently check more than 500 million times a year, is deeply troubling, as is the absence of any reference to the European criminal records information system, or ECRIS. Those tools are used to catch criminals, stop terrorists, monitor sex offenders, find dangerous weapons and stop serious criminals entering the country. The police have been clear that our country is less safe without those measures, and I do not think that this House should be voting for things that could make our country less safe.

The Government also need to be clear with us about the impact of all that, because the EU’s resistance to committing to allowing us access to SIS II is frankly reprehensible. However, that is the EU’s current position, and I fear that this deal weakens our ability to sort this problem out in future and to get the commitment that we need, which will be in all our interests. The Home Secretary said, “Well, we didn’t have these measures a few years ago, so this won’t cause a huge problem,” but the truth is that the security and cross-border criminal threats that we face now are much greater than they were a few years ago, and our police and agencies are running to catch up. Our job here should be to support them in that work, not to make it harder for them or to hold them back.

Hilary Benn Portrait Hilary Benn
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Does my right hon. Friend know why SIS II and ECRIS are not referred to in the political declaration? Is it because the Government did not try to get them included, or is it that they asked and the EU refused? If the EU refused, does that not reinforce her point?

Yvette Cooper Portrait Yvette Cooper
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That is right, because my understanding is that the Prime Minister and the Home Secretary did ask to have those measures included, because they understand how important they are, but the EU continues to resist. I think that that is wrong and irresponsible, but if we are going to have an ongoing negotiation on this, we should do that from a position of strength and not by weakening our position, which I am afraid that this deal does.

What are we going to say to victims of crime in the weeks after we lose access to the SIS II database if the police or Border Force fail to stop a dangerous offender who is on the SIS II database and known to other countries? What happens if we do not let the police have that information and then the offender commits another crime? Perhaps the most troubling thing of all is that there is no security backstop in this deal. Unlike for Northern Ireland and for trade, there is no backstop to continue security co-operation until a future security treaty or overarching treaty is agreed. If the transition period runs out and we have not agreed such things, we will lose vital capabilities. Given how long it takes to negotiate complex arrangements around extradition and how long it will take to ratify a full treaty, that is another irresponsible decision for us to take.

On immigration, the proposals that we still need to see will affect not just EU citizens wanting to live and work here, but UK citizens wanting to live and work in the EU and, obviously, the arrangements for business recruitment. If the Home Office does genuinely have an immigration White Paper all ready to go that it is planning to publish later in December after the vote, it must realise what a signal of contempt denying Parliament the chance to see it before this vote would be. If the Home Office has that White Paper, it should publish it this week so that Members have time to see it before the vote.

I support amendment (c), in the name of my right hon. Friend the Member for Leeds Central (Hilary Benn), because it opposes not only the Prime Minister’s deal, but no deal. I agreed with the Home Secretary when he said earlier that there are significant security risks from no deal. There are clearly economic risks. One local factory told me that the cost of its imports will double in price if we go to WTO tariffs and another said that its European parent company would be under pressure to move production to continental factories instead. On security, however, the threats are even greater, because the police and Border Force would immediately lose access to crucial information that they use to keep us safe, including legal agreements that underpin ongoing investigations and trials, all of which could immediately be put at risk, and the European arrest warrants that we have out on the Skripal suspects. Even if hon. Members do not care about stockpiling medicines or lorry parks on Kent’s motorways or the Bank of England’s warnings about recessions, I hope that they will take seriously the warnings from the National Crime Agency and the National Police Chiefs’ Council about the risk that no deal will make us less safe.

The Prime Minister also has a responsibility to be ready if and when this vote goes down, given the strong views against it. She must be ready to take the opportunity to go immediately to Brussels and to request an extension of article 50 so that everyone has time to draw breath. I know that extending the process would be painful for all sides and that no one wants to be the person calling for it, but we must be honest that the process will carry on regardless. We have to start behaving like grownups and actually recognise the serious things that we are going to have to do.

We will need time to build a consensus around any possible way forward. I think that is possible to do, but I recognise the hugely different views in this place and across the country. This deal is flawed and makes us weaker, but we need to take the time to build a consensus on the way forward. In the end, that is why we are here. The Prime Minister has tried to find compromise, but she has done so without reaching out, without trying to build consensus, without trying to consult, and without even giving this House the chance to vote on what the objectives of the negotiations might be. We cannot do something this big and this hard with this many long-lasting consequences without building some consensus. That is the task for us now. It is going to be hard, but that is the test of our politics. I believe we are up to it, but we are going to have to prove it.